HomeMy Public PortalAboutResolution - 79-22- 19790613 - Authorization to AcquireRESOLUTION NO. 79-22
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE MIDPENINSULA REGIONAL OPEN SPACE DIS-
TRICT, FINDING AND REQUIRING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITION OF CERTAIN PROPERTIES FOR
PUBLIC USE, TO WIT; FOR PUBLIC PARK, REC-
REATION AND OPEN SPACE PURPOSES, DESCRIB-
ING THE PROPERTIES NECESSARY THEREFORE AND
AUTHORIZING AND DIRECTING ITS RETAINED
LEGAL COUNSEL TO DO EVERYTHING NECESSARY
TO ACQUIRE ALL INTERESTS THEREIN
WHEREAS, the Board of Directors of the Midpeninsula
Regional Open Space District is authorized to acquire prop-
erty for public purposes, pursuant to Division 5, Chapter 3,
Section 5542, of the Public Resources Code, State of Cal-
ifornia, and
WHEREAS, the property, rights, and interests described
in Exhibit A attached to this resolution and incorporated
herein by reference (the "property") are necessary for public
park, recreation, and open space purposes, said purposes con-
stituting a public purpose,
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors
of the Midpeninsula Regional Open Space District does hereby
find and determine that the public interest and necessity require
the acquisition of the property for public park, recreation, and
open space purposes;
BE IT FURTHER RESOLVED that acquisition of the fee (unless
a lesser estate is described in Exhibit A) is necessary therefore;
and
BE IT FURTHER RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does hereby find and
determine that said property is located so as to be most com-
patible with the greatest public good and cause the least pri-
vate injury; and
BE IT FURTHER RESOLVED that the General Manager be and is
hereby authorized and directed to cause to be negotiated and/or
prepared all appropriate applications to governmental agencies
for grants of funds or property, legal documents and related
instruments for acquisition of title to the property by gift
and/or purchase, all upon terms and conditions discussed by or
presented to this Board at its meeting this date or customary
to this District in like transactions; provided, however, that
each such application, document and instrument shall be subject
to approval as to form and content by this Board prior to its
execution or delivery on behalf of the Midpeninsula Regional
Open Space District; and
BE IT FURTHER RESOLVED that the law firm of Rogers,
Vizzard & Tallett be and the same is hereby retained,
instructed and directed to do everything necessary to
acquire all interests in the property described in Exhibit
"A", and they are further authorized to prepare and pro-
secute such condemnation proceedings in the proper court
having jurisdiction thereof as are necessary for such
acquisition.
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RESOLUTION NO.79-22
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula
Regional Open Space District on
June 13 , 19 79
at a regular/special meeting thereof, by the following vote:
AYES: Daniel Wendin, Nonette Hanko, Harry Turner, Barbara Green
Richard Bishop and Katherine Duffy
NOES:None
ABSTENTIONS: None
ABSENT: Edward G. Shelley
ATTEST: APPROVED:
Secretary, Boar ectorsviceP esident, Board of Directors
I, the District Clerk/Deputy District Clerk of the Midpeninsula
Regional Open Space District, hereby certify that the above is
a true and correct copy of a resolution duly adopted by the Board
of Directors of the Midpeninsula Regional Open Space District by
the above vote at a meeting thereof duly held and called on the
above vote.
District Clerk/Deputy District
Clerk